The Constitutional Convention. National Constitution Day September 17 th

Transcription

1 The Constitutional Convention National Constitution Day September 17 th Senior Deacon Eric LeHew Herndon Masonic Lodge No. 264 September 17, 2018

2 LeHew 1 For many citizens of the United States, the full details of the Constructional Convention are often forgotten after the conclusion of high school. You ask the average American what our governing document is and they can answer The Constitution but often the specifics are lost to them. As one of the most important documents in American history I present a brief history of the Convention. Immediately after the Continental Congress passed the Declaration of Independence in July 1776, the need for a national government became the most pressing matter at hand. The Article of Confederation were presented and eventually ratified by the thirteen newly independent United States of America, becoming the basis of our government in Recall from your high school history class that one of the largest issues with our break from England was the ideal of self-government. A guiding principle of the Articles was the preservation of that hard fought and won independence and the sovereignty of the states. The federal government under the Articles received only those powers which the colonies had recognized as belonging to king and parliament. Within a few years this proved to be a massive mistake, as the lack of a central legislative branch with taxation powers, a centralized national executive, and a unified judicial system caused problems among the states. In the spring of 1787 a meeting was called for to rectify the problems. Originally scheduled to being on May 14 but delated until May 25, 1787 until the required quorum of seven was achieved (New Hampshire did not arrive until nearly the end of July) the Philadelphia Convention set out to solve the problems of the Articles. Meeting in the Pennsylvania State House (now, Independence Hall) the purpose of the Convention was intended to revise the league of states and first system of government under the Articles of Confederation. However, the intention from the outset of many of its proponents, chief among them James

3 LeHew 2 Madison of Virginia and Alexander Hamilton of New York, was to create a new government rather than fix the existing one. Quickly the mood of the convention realized the necessity of completely throwing out the Articles and implementing a new and improved system. This Constitutional Convention as it would be come to called was the meeting of the minds of fifty-five men, considered the Framers of the Constitution. (Even though only thirty-nine of them signed it.) Thomas Jefferson, who was serving in France at the time as Ambassador, described this meeting as a meeting of demi-gods. George Washington, a delegate from Virginia was chosen as the president and William Jackson as Secretary. Unfortunately, Mr. Jackson in his capacity as Secretary left poor notes, and sketchy details at best. Fortunately for posterity many of the Convention s details were recorded by James Madison in his Notes of Debates in the Federal Convention of Despite the summer heat, the windows of the Hall were nailed shut to prevent the public from eves dropping, and hay and stray was spread across the floor to muffle the noise and echo of the debates. Each state could cast a single vote either for or against a proposal during the debates in accordance with the majority opinion of the state's delegates (there was no standard number of delegates per state). Throughout the Convention, delegates would regularly come and go, with only being present on a typical day. Consequently, if a state's delegates were divided in their views on a given proposal, or if too few members of the state s delegation were present for the vote, the outcome wouldn t be affected. It is interesting to view in Madison s Notes and see the numbers of inconclusive measures that failed because of a lack of members present to vote. Having arrived weeks in advance of the other delegates, James Madison and other members of the Virginia delegation had laid out a plan that would eventually be known as the Virginia Plan. This collection of ideas would become the basic framework for our modern

4 LeHew 3 Constitution. Favoring states that were more populated and therefore having a superior number of representatives in the newly proposed national Congress, small populated states, including New Jersey would counter this proposal with The New Jersey Plan. The delegation from New Jersey favored a Congressional representation based on equality, regardless of the size of the population. Thus, a compromise was brokered by the Connecticut Delegation and a proposal of our current bicameral legislature with an upper house based on equality (The US Senate) and a lower house based on population (US House of Representatives) was chosen. Other compromises throughout the convention took place, including the issue of counting the population, and the inclusion of slave populations in that count. The eventual Three-Fifths Compromise settled two issues: the counting of slave populations for congressional representation and for purposes of property taxation. This issue would be eventually overruled by the addition of the 13 th Amendment (outlawing of slavery). The delegates would further limit slavery by only allowing the slave trade to operate in the United States for twenty years following the adoption of the Constitution (1808). By late summer the delegation had formulated the resolutions and proposals down to seven articles, and a Committee of Style arranged the format of the document on Wednesday September 12 th. It was embossed on Saturday September 15 th, and presented for signing on Monday, September 17, Gouverneur Morris of Pennsylvania is credited as the chief draftsman of the final document, including the stirring preamble. However, not all the delegates were pleased with the results; thirteen of them left before the ceremonial signing, and three of those remaining refused to even sign: Edmund Randolph of Virginia, George Mason of Virginia, and Elbridge Gerry of Massachusetts. Mason famously demanded a Bill of Rights if he was to support the document, which would not be included until Many of the state conventions

5 LeHew 4 that would ratify the Construction would do so knowing that the Bill of Rights was soon to be added as a concession. Thus, September 17 th has been proclaimed as National Constitution Day and sometimes Citizenship Day as today, along with July 4 th are the dates that see the largest number of naturalized citizens taking the Oath of Allegiance to the United States of America. Interesting the original Constitution only established one way to achieve natural citizenship, what is often credited as Jus Sanguinis or the Right of or Law of Blood. The Law of Blood is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of that state. Additionally, the Right of or Law of Soil (Jus Soli) is the idea of citizenship based on location which isn t standardized in the United States until the 14 th Amendment is passed following the Civil War in 1868, and added the process of citizenship awarded at birth based on the physical location of the birth. The original Constitution gave a power to Congress to prescribe a uniform process of naturalization, which is the process by which foreign state born citizens legally go through the process of naturalization to become an American Citizen. Congress also has the power to grant honorary citizenship, which it has only done eight times. Sir Winston Churchill was the first in 1963, Raoul Wallenberg, William and Hanna Penn, Mother Teressa, and three foreign military nationals that support the United States during the Revolution, including the Marquis de Lafayette. The reasons for the desire to obtain US citizenship is varied and is personal for each person who seeks it and is a unique and important component of the history of the United States of America as today we celebrate our two hundred thirty-first anniversary of the signing of the US Constitution.

6 LeHew 5 Bibliography Collier, Christopher, and James Lincoln Collier. Decision in Philadelphia: The Constitutional Convention of New York: Ballantine Books, Morris, Richard Brandon. The Forging of the Union: New York: Harper & Row,